Habitats Regulations Assessment Screening Statement Amberley Neighbourhood Development Plan
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Habitats Regulations Assessment Screening Statement Amberley Neighbourhood Development Plan December 2016 1. Introduction 1.1 The purpose of this screening statement is to provide a screening opinion as to whether there might be any potential likely significant effects on internationally important wildlife sites (also known as European sites) that may be affected by the Amberley Neighbourhood Development Plan (NDP), and therefore whether further Habitats Regulations Assessment work is required. Habitats Regulations Assessment Screening 1.2 Habitats Regulations Assessment (HRA) refers to the requirement for any plan or project to assess the potential implications for European sites. The need for HRA is set out within the EC Habitats Directive 92/43/EC which is transposed into British Law. Article 6(3) of the EU Habitats Directive provides that: “Any plan or project not directly connected with or necessary to the management of the [European] site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.” 1.3 The first stage of the HRA process involves an assessment or screening of whether the plan is likely to have a significant effect on one or more European sites either alone or in combination. This can include consideration of avoidance measures. The objective is to ‘screen out’ those plans and projects (or site allocations/policies) that can, without detailed appraisal, be said to be unlikely to result in significant adverse effects upon European sites. 1.4 If screening determines that there is the potential for likely significant effects, further HRA work would be required in the form of an Appropriate Assessment which considers the impact on the integrity of the European site is more detail. 1.5 This screening opinion statement has regard to the conservation objectives of the Arun Valley SPA, SAC and Ramsar. It also makes reference to other plans and projects (the emerging South Downs Local Plan and other Local Plans/Core Strategies as appropriate). The Amberley Neighbourhood Development Plan 1.6 The Amberley NDP includes general policies to guide development. It also includes allocations for a very small car park and a site to accommodate 6 dwellings; both of which are located adjacent to built form of Amberley village. It also makes provision for a new joint use school/community hall within the curtilage of the school. 1.7 When adopted, NDPs will be used by the local planning authority to determine planning applications for the Neighbourhood Areas that they cover. As the parish falls within the South Downs National Park, the policies for the NDP, once adopted, will form the planning policy for that part of the National Park, in the Parish of Amberley. Relevant European sites 1.8 The European wildlife site relevant to this neighbourhood development plan is the Arun Valley Special Protection Area (SPA)/Special Area of Conservation (SAC) /Ramsar site. Full details for the reason for designation, conservation objectives and key vulnerabilities are set out in Appendix 1. 2. Impact pathway screening 2.1 The information used for this screening statement has been gathered from the HRA for the South Downs Local Plan: Preferred Options, which was published in 2015, and as such, this screening report should be read in conjunction with it. 2.2 It should be noted that the South Downs Local Plan and its accompanying HRA has not been tested and accepted at Examination. Whilst this is the case, the Local Plan Preferred Options did recognise that some of the housing requirement quantum would be allocated through NDPs. It therefore set out the expected quantum of development for these various settlements. The expected level of development was taken into account in the Local Plan Preferred Options HRA. The Amberley NDP makes provision for the quantum of development as expected in the Local Plan Preferred Options; as such, it is considered that the evidence and findings of the Local Plan Preferred Options HRA can be used for the HRA screening of this NDP. 2.3 The HRA report for the Local Plan Preferred Options identified 5 potential impact pathways to the Arun Valley SAC/SPA/Ramsar: Recreational pressure, water quantity (abstraction), water quality (wastewater discharge), loss of supporting habitat, and urbanisation. In combination impacts were also considered. The main body of the HRA report for the Local Plan Preferred Options discussed these impact pathways in more detail and was able to conclude that that there would be no likely significant effects as a result of the quantum of development proposed in Amberley. 2.4 It is noted that, in response to the Local Plan Preferred Options consultation on 2015, no objections were raised by the statutory bodies (Natural England, Environment Agency, and Historic England) regarding the conclusions of the HRA with respect to the Arun Valley SAC/SPA/Ramsar. 2.5 Table 1 below draws together the conclusions and includes references to the relevant paragraphs of the HRA report. Table 1 – Summary of the screening outcome in the HRA Report of the South Downs Local Plan: Preferred Options Impact pathway Summary of the screening outcome in the HRA Report for the South Downs Local Plan: Preferred Options Recreational disturbance Screened out. of wintering waterfowl The quantum of development in the Amberley Neighbourhood Plan is for 6 dwellings. This is the same figure attributed to Amberley in the Impact pathway Summary of the screening outcome in the HRA Report for the South Downs Local Plan: Preferred Options South Downs Local Plan: Preferred Options; and consequently is the figure used in the HRA of the Preferred Options Local Plan. The quantum of total new dwellings in the South Downs Local Plan Preferred Options within 5km of the SPA equates to approximately 45-50 new dwellings. Given that recreational pressure is not identified as a specific issue in the Site Improvement Plan such a small number of dwellings will not result in a material change in recreational activity at the site. The Local Plan for Arun (a district located within 1.5km of the SPA) does not identify any new housing within 5km of Arun Valley SAC, SPA and Ramsar site; the adopted Horsham District Planning Framework (the SPA being situated in Horsham district) does not identify any specific locations for housing within 5km of the designated site. As such, this impact pathway upon this site can be screened out, both alone and in combination. Reference: paragraph 4.10.7 of the Preferred Options HRA Hydrology Water Screened out. quantity The appropriate assessment for the Southern Water Water Resource (abstraction) Management Plan considered future public water supply abstraction impacts on the Arun Valley SAC/SPA/Ramsar site. It concluded that no adverse effects on integrity of the SAC/SPA/Ramsar site would arise. Reference: paragraph 6.3.7 of the Preferred Options HRA Water Screened out. quality (wastewater Although diffuse pollution from agricultural runoff is a significant issue discharge) that must be addressed, the principal pathway for a Local Plan to affect water quality in European sites is through increased discharge of treated sewage effluent. Provided new development can be accommodated within the existing consent headroom for the relevant wastewater treatment works, it is considered that the existing initiatives being implemented to ensure compliance of relevant Wastewater Treatment Works discharges and improve diffuse pollution, policies SD17 and SD16 within the SDNPA Local Plan and the small amount of development proposed within the catchment enable a conclusion that the South Downs National Park Local Plan will not result in a likely significant effect on the Arun Valley SAC/SPA/Ramsar site. (paragraph 6.3.16 of the Preferred Options HRA) Loss of supporting habitat Screened out. The Arun Valley SPA and Ramsar site is designated for its wintering population of Bewick’s swan. It is widely accepted that Bewick’s swans feed on suitable farmland up to 5km from the designated site. As such, suitable fields within 5km of the SPA could constitute important supporting habitat if they support a large enough Impact pathway Summary of the screening outcome in the HRA Report for the South Downs Local Plan: Preferred Options percentage of the SPA population on a regular basis. Amberley is located adjacent to the designated site. Screened out due to Policy SD13: International Sites which requires development proposals which are within 5km of the Arun Valley SPA to undertake an appraisal as to whether the land is suitable for wintering Bewick swan, if they are important to the swan population, and if so, requires appropriate alternative habitat before development could proceed. Reference: paragraphs 7.2.19 and 7.2.20 of the Preferred Options HRA Urbanisation Screened out. Total number of dwellings in the vicinity are 26 dwellings (6 in Amberley and 20 in Coldwaltham). Such a small number of new dwellings are proposed in adjacent settlements, and as such, it is not considered that urbanisation is a strategic issue for this designated site. Reference: paragraph 8.2.2 of the Preferred Options HRA In combination Screened out. This potential impact pathway has been screened out through the each of the Arun & Adur and Horsham Core Strategies. These core strategies propose 25,000 houses. The SDNPA Local Plan proposes approximately 38 new houses within 7km which is a very small fraction of the total proposed.